Special Local Regulations; Deerfield Beach Super Boat Race, Deerfield Beach, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-024]

RIN 2115-AE46

Special Local Regulations; Deerfield Beach Super Boat Race,

Deerfield Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local

regulations for the Deerfield Super Boat Grand Prix powerboat race.

This event will be held annually during the third Sunday of July,

between 12:30 p.m. and 4 p.m. Eastern Daylight Time (EDT). The

regulations are necessary to provide for the safety of life on

navigable waters during the event.

DATES: This rule becomes effective June 26, 1998.

ADDRESSES: Documents as indicated in the preamble are available for

inspection or copying at Coast Guard Group Miami, 100 MacArthur

Causeway, Miami Beach, FL, between the hours of 7:30 a.m. and 3:30

p.m., Monday through Friday except Federal holidays. Telephone (305)

535-4448.

FOR FURTHER INFORMATION CONTACT: AMCS T. Kjerulff, Coast Guard Group

Miami, FL at (305) 535-4448.

SUPPLEMENTARY INFORMATION:

Regulatory History

On May 7, 1998, the Coast Guard published a Notice of Proposed

Rulemaking in the Federal Register (63 FR 25187), seeking comments on

the establishment of permanent special local regulations for the

Deerfield Super Boat race. No comments were received during the comment

period.

Background and Purpose

Super Boat International Productions Inc., is sponsoring a high

speed power boat race that will take place annually on the third Sunday

in July in the Atlantic Ocean off Deerfield Beach, Florida.

Approximately thirty-five (35) race boats, ranging in length from 24 to

50 feet, will participate in the event. There will also be

approximately two

[[Page 34814]]

hundred (200) spectator craft. The race boats will be competing at high

speeds with numerous spectator crafts in the area, creating an extra or

unusual hazard in the navigable waterways. These regulations will

create a regulated area offshore Deerfield Beach that will only allow

participant vessels to enter, and a spectator craft area.

In accordance with 5 U.S.C. 553, good cause exists for making this

regulation effective in less than 30 days after Federal Register

publication. Delaying its effective date would be contrary to national

safety interests since immediate action is needed to minimize potential

danger to the public, as the sponsors only recently determined that the

event would be held on the third Sunday of July each year and there was

not sufficient time remaining for a full comment period and delayed

effective date.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that Order. It

has been exempted from review by the Office of Management and Budget

under that order. It is not significant under the regulatory policies

and procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact of this

proposed rule to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary. Entry into the regulated area is prohibited for only 4.5

hours on the day of the event year.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include small businesses, non-for-profit organizations that

are independently owned and operated and are not dominant in their

fields, and governmental jurisdictions with populations of less than

50,000.

Therefore, the Coast Guard certifies under U.S.C. 605(b) that this

rule would not have a significant economic impact on a substantial

number of small entities, as the regulations would only be in effect in

a limited area offshore Deerfield Beach for approximately 4.5 hours one

day each year.

Collection of Information

These regulations contain no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

Federalism

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the rulemkaing does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the environmental impact of this

action and has determined pursuant to Figure 2-1, paragraph 34(h) of

Commandant Instruction M16475.1C, that this rule is categorically

excluded from further environmental documentation. A Categorical

Exclusion Determination has been prepared and is available in the

docket for inspection or copying.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

Final Regulations

In consideration of the foregoing, the Coast Guard amends Part 100

of Title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

1. The authority citation for Part 100 continues to read as

follows:

Authority: 33 U.S.C. 1233, 49 CFR 1.46 and 33 CFR 100.35.

2. Add section 100.733 to read as follows:

Sec. 100.733 Annual Deerfield Beach Super Boat Race; Deerfield Beach,

Florida.

(a) Regulated Areas. (1) A regulated area is established by a line

joining the following points:

Corner point 1: 26 17.7'N-080 04.4'W

Corner point 2: 26 19.7'N-080 03.9'W

Corner point 3: 26 15.7'N-080 04.4'W

Corner point 4: 26 15.7'N-080 04.9'W. All coordinates reference

Datum NAD: 83.

(2) A spectator area is established in the vicinity of the

regulated area for spectator traffic and is defined by a line joining

the following points:

Corner point 1: 26 15.7'N-080 03.9'W

Corner point 2: 26 15.7'N-080 04.1'W

Corner point 3: 26 19.7'N-080 03.7'W

Corner point 4: 26 19.7'N-080 03.5'W. All coordinates reference

Datum NAD: 83.

(3) A buffer zone of 406 yards separates the racecourse and the

spectator fleet.

(b) Special local regulations. (1) Entry into the regulated area by

other than event participants is prohibited unless otherwise authorized

by the Patrol Commander. After the completion of scheduled races and

the departure of participants from the regulated area, traffic may

resume normal operations. At the discretion of the Patrol Commander,

traffic may be permitted to resume normal operations between scheduled

racing events.

(2) A succession of not fewer than 5 short whistle or horn blasts

from a patrol vessel will be the signal for any and all vessels to take

immediate steps to avoid collision. The display of an orange distress

smoke signal from a patrol vessel will be the signal for any and all

vessels to stop immediately.

(3) Spectators are required to maintain a safe distance from the

racecourse at all times.

(c) Effective Date. This section becomes effective annually on the

third Sunday of July at 12 p.m. and terminates at 4:30 p.m. EDT.

Dated: June 17, 1998.

R.C. Olsen, Jr.,

Captain U.S. Coast Guard, Acting Commander, Seventh Coast Guard

District.

[FR Doc. 98-17071 Filed 6-25-98; 8:45 am]

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